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Apply to reinstate your case

Information about how to apply to reinstate your case in the NSW Civil and Administrative Tribunal (NCAT).

How to apply

You must complete an Application to reinstate proceedings.

You can get a blank copy of this form from:

  • your nearest NCAT registry, or 
  • the Forms pages on the NCAT website.

In your form, you must:

  • explain why you didn’t attend the hearing and why your case should be reinstated
  • indicate whether you want your application to be heard on the papers or by oral hearing. 

You need to attach any supporting documents to your application. 

Ask for an extension

You must apply within seven days of the date NCAT dismissed your case. After seven days, you may be able to ask for an extension of this time limit, however NCAT will not always agree.

To ask for an extension, you must complete part 5. Extension of time.

You can do this: 

  • within seven days of the date of the decision, if you won’t be able to lodge your application in time, or
  • after seven days has passed.

NCAT will only grant you an extension if there are special circumstances.

Filing your completed form

You can file your completed form at your nearest NCAT registry.

You must pay a fee to have your case reinstated. For information about fees, see Fees at NCAT on the NCAT website.

To pay by credit card, you must complete a Credit card payment authority form and file it with your Application and supporting documents. 

You can get a blank copy of this form from:

  • your nearest NCAT registry, or
  • the Forms pages on the NCAT website.

In some circumstances, you may be eligible to have your fee reduced or waived. For more information, see Reduced fees and fee waivers on the NCAT website. 

Before you file your completed form, you should make a copy for yourself.

You should send your application to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the NCAT website.

Interpreter or disability support

If your case has been listed for an oral hearing, you can ask for an interpreter or disability support to attend the hearing if you need it.

To do this, you must complete a Request for language or disability support form.

You can get a blank copy of this form from: 

  • your nearest NCAT registry, or
  • the Forms pages on the NCAT website.

You should file your completed form with your Application and supporting documents.

You will only need to file this form once. 

The decision

NCAT will hear your case:

  • based on your written material only, without holding an oral hearing – this is called a ‘hearing on the papers’, or
  • by listing your case for an oral hearing. 

NCAT may decide to:

  • reinstate your case, or
  • dismiss your application. 

If your case is reinstated, NCAT will give directions to progress your original application. 

If your application is dismissed, the original orders will continue.

If NCAT decides not to reinstate your case, you may be able to appeal to the Appeal Panel.